EU European Parliament
calls for action on rights and democracy in Hungary18.5.17
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| | TweetThe European
Parliament yesterday (17 May) adopted a resolution condemning
"a serious deterioration of the rule of law, democracy and
fundamental rights over the past few years" in Hungary,
and calling for the start of the Article 7(1) procedure, which
can end in the suspension of the EU voting rights of a state
in breach of the EU's fundamental values.

"a serious deterioration
of the rule of law, democracy and fundamental rights over the
past few years, inter alia, freedom of expression, academic freedom,
the human rights of migrants, asylum seekers and refugees, freedom
of assembly and association, restrictions and obstructions to
the activities of civil society organisations, the right to equal
treatment, the rights of people belonging to minorities, including
Roma, Jews and LGBTI people, social rights, the functioning of
the constitutional system, the independence of the judiciary
and of other institutions and many worrying allegations of corruption
and conflicts of interest, which, taken together, could represent
an emerging systemic threat to the rule of law in this Member
State; believes that Hungary is a test for the EU to prove its
capacity and willingness to react to threats and breaches of
its own founding values by a Member State; notes with concern
that developments in some other Member States show worrying signs
of similar undermining of the rule of law as in Hungary."

It concludes that the Parliament:

"Believes that
the current situation in Hungary represents a clear risk of a
serious breach of the values referred to in Article 2 of the
TEU and warrants the launch of the Article 7(1) TEU procedure."

It appears (VoteWatch Europe, link) that
there are only two parties in power in the EU that back Orban's
policies:

"The leader of
the far-right Italian Northern League tabled an amendment stating
the full support for the actions of the Hungarian government.
In reaction, an overwhelming majority of MEPs clearly rejected
this approach. Importantly, the votes on this statement allowed
us to spot that two parties in government do back Budapests
policies: the Members of the Polish Law and Justice, currently
in government in Warsaw, and most (though not all) of the Members
of the Croatian Democratic Union, in power in Zagreb, did endorse
the statement that granted full support to Orban. If the views
of these MEPs are mirrored by their party colleagues at national
level (which seems likely), these countries appear inclined to
oppose punitive measures against Fideszs policies in the
Council."

Meanwhile:

"less than half
of the parliamentarians of the European political family that
FIDESZ is part of, the Christian-Democrat EPP, supported the
final report. The EPP politicians felt that the demands of the
liberal-leftist coalition go too far too quickly."

Article 7

Article 7 of the Lisbon
Treaty says:

1. On a reasoned proposal
by one third of the Member States, by the European Parliament
or by the European Commission, the Council, acting by a majority
of four fifths of its members after obtaining the consent of
the European Parliament, may determine that there is a clear
risk of a serious breach by a Member State of the values referred
to in Article 2. Before making such a determination, the Council
shall hear the Member State in question and may address recommendations
to it, acting in accordance with the same procedure.

The Council shall regularly
verify that the grounds on which such a determination was made
continue to apply.

2. The European Council,
acting by unanimity on a proposal by one third of the Member
States or by the Commission and after obtaining the consent of
the European Parliament, may determine the existence of a serious
and persistent breach by a Member State of the values referred
to in Article 2, after inviting the Member State in question
to submit its observations.

3. Where a determination
under paragraph 2 has been made, the Council, acting by a qualified
majority, may decide to suspend certain of the rights deriving
from the application of the Treaties to the Member State in question,
including the voting rights of the representative of the government
of that Member State in the Council. In doing so, the Council
shall take into account the possible consequences of such a suspension
on the rights and obligations of natural and legal persons.

The obligations of the
Member State in question under the Treaties shall in any case
continue to be binding on that State.

4. The Council, acting
by a qualified majority, may decide subsequently to vary or revoke
measures taken under paragraph 3 in response to changes in the
situation which led to their being imposed.

5. The voting arrangements
applying to the European Parliament, the European Council and
the Council for the purposes of this Article are laid down in
Article 354 of the Treaty on the Functioning of the European
Union.

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